Common use of Failure to Accept the GMP Proposal Clause in Contracts

Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal for the entire Work or any Work Package (which it may do in its sole discretion), or fails to notify CM in writing within thirty (30) calendar days of receipt of the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and CM shall meet and confer as to how the Project will proceed, with Owner having the following options, the selection of which option Owner may make in its sole discretion: .1 Owner may suggest modifications to the GMP Proposal and consider CM's additional VEP and other suggestions for cost reduction, whereupon, if such modifications are accepted in writing by Owner and CM, the GMP Proposal shall be deemed accepted and the Parties shall proceed in accordance with Section .2 Owner may authorize and direct, in writing, the CM to proceed with the specified Work on the basis of reimbursement as provided in Sections 7.2 (CM Fee) and 7.3 (Cost of Work) hereof without a GMP, in which case all references in this Agreement to the GMP will not be applicable; or .3 Owner may terminate this Agreement or the portion thereof relating to the Work Package for convenience in accordance with the Contract Documents; provided, in such event, CM will be entitled to the payment as provided in the Contract Documents for termination for convenience.

Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal for the entire Work or any Work Package (which it may do in its sole discretion), or fails to notify CM in writing within thirty (30) calendar days of receipt of the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and CM shall meet and confer as to how the Project will proceed, with Owner having the following options, the selection of which option Owner may make in its sole discretion: .1 Owner may suggest modifications to the GMP Proposal and consider CM's additional VEP and other suggestions for cost reduction, whereupon, if such modifications are accepted in writing by Owner and CM, the GMP Proposal shall be deemed accepted and the Parties shall proceed in accordance with Section .2 Owner may authorize and direct, in writing, the CM to proceed with the specified Work on the basis of reimbursement as provided in Sections 7.2 (CM Fee) and 7.3 (Cost of Work) hereof without a GMP, in which case all references in this Agreement to the GMP will not be applicable; orthe .3 Owner may terminate this Agreement or the portion thereof relating to the Work Package for convenience in accordance with the Contract Documents; provided, in such event, CM will be entitled to the payment as provided in the Contract Documents for termination for convenience.

Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal for the entire Work or any Work Package (which it may do in its sole discretion), or fails to notify CM in writing within thirty (30) calendar days of receipt of the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and CM shall meet and confer as to how the Project will proceed, with Owner having the following options, the selection of which option Owner may make in its sole discretion: .1 Owner may suggest modifications to the GMP Proposal and consider CM's additional VEP and other suggestions for cost reduction, whereupon, if such modifications are accepted in writing by Owner and CM, the GMP Proposal shall be deemed accepted and the Parties shall proceed in accordance with Section .2 Owner may authorize and direct, in writing, the CM to proceed with the specified Work on the basis of reimbursement as provided in Sections 7.2 (CM Fee) and 7.3 (Cost of Work) hereof without a GMP, in which case all references in this Agreement to the GMP will not be applicable; or .3 Owner may terminate this Agreement or the portion thereof relating to the Work Package for convenience in accordance with the Contract Documents; provided, in such event, CM will be entitled to the payment as provided in the Contract Documents for termination for convenience.and